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ELEMENTARY SCHOOL v. STATE APPEAL BOARD

No. 486.

68 Wis.2d 127 (1975)

227 N. W. 2d 642

231 N. W. 2d 193

ELEMENTARY SCHOOL DISTRICT No. 1, TOWN OF BRIGHTON, KENOSHA COUNTY, Respondent, v. STATE APPEAL BOARD, Appellant.

Supreme Court of Wisconsin.

Decided April 10, 1975.

Attorney(s) appearing for the Case

For the appellant the cause was submitted on the brief of Robert W. Warren, attorney general, John William Calhoun, assistant attorney general, and Max C. Ashwill, legal counsel.

For the respondent the cause was submitted on the brief of Shaufler, Rothrock & Bauhs of Kenosha.

On motion for rehearing:

A brief was filed by Bronson C. La Follette, attorney general, John William Calhoun, assistant attorney general, and Max C. Ashwill, legal counsel, for the appellant.

A brief was filed by Shaufler, Rothrock & Bauhs of Kenosha for respondent.

Submitted under sec. (Rule) 251.54 March 6, 1975.

WILKIE, C. J.

The narrow issue before the court is whether an order of the circuit court denying a motion for summary judgment on an appeal to that court in a school district reorganization proceeding is a final order and is appealable. It is not.

In this school district reorganization proceeding, the Cooperative Educational Service Agency No. 18 ordered the detachment of two sections from Elementary...

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